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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

family. Given these provisions, the Department’s position

is that requiring States to provide the additional assurance suggested by the commenter is not necessary.

Changes: None.

Comment: One commenter opposed the language in §303.521(a)

(6) that permits the lead agency to use Part C or other

funds to pay the parent’s share in a State with a system of

payments with family fees, when the parent is determined able to pay. According to the commenter, this provision could be read to permit an agency to obligate Part C funds for costs or fees that a parent might otherwise be required to pay. The commenter requested that this paragraph be clarified or that Part C funds be increased to fund this requirement.

Discussion: Section 303.521(a)(6) provides States with a system of payments the option of using Part C funds to pay for those costs, such as co-payments, that would be

incurred by the parent based on the use of the child’s or

parent’s public benefits or insurance or private insurance

to pay for Part C services. By permitting, but not requiring, lead agencies to use Part C funds to pay for a

parent’s out-of-pocket costs even when the parent is able

to pay, the lead agency may be able to neutralize the financial impact on a parent and thus encourage the parent